Court of Criminal Appeals of Texas· 1/10/2018
Hernandez v. State
Citations
- 538 S.W.3d 619
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that “[e]rroneous jury argument must be preserved by objection pursued to an adverse ruling”
- holding that the right not to be subjected to improper jury argument is forfeitable and that even inflammatory language outside the record “does not dispense with error preservation requirements”
- holding that in order to claim on appeal that an instruction to disregard was inadequate to cure erroneous jury argument, the defendant must object and pursue his objection to an adverse ruling
- stating to preserve claim instruction to disregard was inadequate, defendant must object and pursue his objection to adverse ruling
- “Even an inflammatory jury argument is forfeited if the defendant does not pursue his objection to an adverse ruling.”
- “The right to a trial untainted by improper jury argument is forfeitable.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Keel
Read full opinion on CourtListenerCited by
89 cases in this archive cite this case; the 20 most cited are listed.
- Robert Cor'Darius Taylor v. StateTex. App. Ct., 9th Dist. (Beaumont)· 2018-05-16
- Bryan Keith Arellanes v. StateTex. App. Ct., 5th Dist. (Dallas)· 2018-07-31
- Gregorio Garcia, Jr. v. StateTex. App. Ct., 8th Dist. (El Paso)· 2018-08-31
- Willard Bernard Welch, Jr. v. StateTex. App. Ct., 1st Dist. (Houston)· 2019-05-02
- Ricardo Castro v. StateTex. App. Ct., 5th Dist. (Dallas)· 2019-07-19
- Paris Richardson v. StateTex. App. Ct., 13th Dist.· 2019-08-15
- Jacob Douglas Ellison v. StateTex. App. Ct., 2nd Dist. (Fort Worth)· 2019-08-22
- Raymond Doyle Gilbert v. StateTex. App. Ct., 6th Dist. (Texarkana)· 2019-08-30
- Phillip Boyd Cashion v. StateTex. App. Ct., 6th Dist. (Texarkana)· 2019-09-04
- Timothy James Miller v. StateTex. App. Ct., 13th Dist.· 2019-10-17
- Jacobi Ivan Dixon-Holman v. StateTex. App. Ct., 1st Dist. (Houston)· 2019-10-24
- Philip Andrew Rodriguez v. StateTex. App. Ct., 1st Dist. (Houston)· 2019-11-05
- Caliph Williams v. StateTex. App. Ct., 2nd Dist. (Fort Worth)· 2020-02-27
- Eduardo Felipe Pacheco v. StateTex. App. Ct., 8th Dist. (El Paso)· 2020-04-23
- MacKenzie Rene Chesney v. StateTex. App. Ct., 5th Dist. (Dallas)· 2020-04-27
- Russell Little v. StateTex. App. Ct., 6th Dist. (Texarkana)· 2020-11-18
- Jonathan Bradshaw v. StateTex. App. Ct., 1st Dist. (Houston)· 2020-12-03
- Eddie Martinez v. StateTex. App. Ct., 8th Dist. (El Paso)· 2020-12-16
- Marshall Wayne Clayton v. StateTex. App. Ct., 9th Dist. (Beaumont)· 2020-12-16
- Larry Gordon Carpenter, Jr. v. StateTex. App. Ct., 11th Dist. (Eastland)· 2020-12-18
Cites
6 cases in this archive are cited by this case.
- Marin v. StateCourt of Criminal Appeals of Texas· 1993-03-10· cited 1,480×
- Cockrell v. StateCourt of Criminal Appeals of Texas· 1996-09-11· cited 1,118×
- Young v. StateCourt of Criminal Appeals of Texas· 2004-06-09· cited 598×
- Estrada v. StateCourt of Criminal Appeals of Texas· 2010-06-16· cited 582×
- Cruz v. StateCourt of Criminal Appeals of Texas· 2007-06-06· cited 223×
- Luis Miguel Hernandez v. StateCourt of Appeals of Texas· 2016-11-03· cited 1×
Sourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.